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(영문) 수원지방법원 2019.04.10 2018나80049
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Judgment on the plaintiff's assertion

A. At the time of concluding the instant lease agreement with the Defendant, the Plaintiff demanded the Defendant to install fences, fences, external warehouses, and outer warehouses to prevent the use of the instant real estate for the leased purpose by disclosing that it was intended to use the instant real estate as a place where it produces and sells various enzyme foods, such as white banks, etc., and that the Defendant consented thereto.

Nevertheless, as the Defendant did not install it differently from the agreement with the Plaintiff, the Defendant directly installed the fence, the main gate, and the outside gate, etc.

In addition, the inundation occurred each year during the lease term, and despite the Plaintiff’s demand for repair, the Plaintiff did not perform the repair obligation, and caused the Plaintiff’s failure to perform the repair obligation, which was kept by the Plaintiff for sale, to dynasty small amount, etc., and the Plaintiff suffered losses equivalent to the costs of installing plastic houses and the real estate brokerage commission, due to the termination of the lease agreement due to the Defendant’

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of damages KRW 79,650,00 (=650,000 for the expenses of installing a fence and a steel gate ② The expenses of installing the outside warehouse after the kitchen, ② the expenses of installing the outside warehouse after the kitchen ③ the amount of KRW 600,000 for the installation of the sandhouse ④ the damages equivalent to KRW 110,000 for the amount of KRW 74,00 for the installation of the plastic house ④ the expenses of installing the plastic house ④ the amount of KRW 3.3 million for the director

B. In determining a lease agreement, the lessor is obligated to maintain the condition necessary for the use and profit-making of the leased object while the lease is in existence.

(Article 623 of the Civil Act) Therefore, it shall be damaged or hindered to the object.

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